Same sex couples denied benefits due to state law

Nov. 5, 2013

Liz & Ashley Mitchell-McLean / Kyle Bates

Written by

Cole Hodge

Contributing Writer

Liz & Ashley Mitchell-McLean / Kyle Bates

Liz & Ashley Mitchell-McLean / Kyle Bates

More

ADVERTISEMENT

The university’s discrimination policy strictly prohibits discrimination of any kind, ensuring equal opportunity for everyone, yet same-sex couples on faculty and staff still do not have the same benefits at Middle Tennessee State University as heterosexual couples.

Same-sex couples are barred from listing their spouses as dependents because Tennessee has yet to recognize same-sex marriage, and their marriage is void under state law. This is due to Article XI, section 18 in the Tennessee Constitution.

Same-sex couples do not have the same legal benefits as married couples, and their marriage is not considered legal in most states. Tennessee is one of those states, and the issue resides with state legislature, which means MTSU must comply.

“Middle Tennessee State University, as far as benefits are concerned, is a state of Tennessee agency, and benefits provided are done by the state of Tennessee as defined by the state plan document,” said Lisa Batey, director of MTSU’s benefits department.

The State Plan document reads: “Article XI, Section 18 of the Tennessee Constitution provides that a marriage from another state that does not constitute the marriage of one man and one woman is ‘void and unenforceable in this state.’”

“Until state legislature accepts them legally, there will be no policy at MTSU,” said Wendy Brown, a specialist in the university’s benefits department.

While the university continues to support gay and lesbian students, same sex couples are still battling for the same rights that heterosexual couples have.

“[MT] Lambda has provided support for LGBTQ students, faculty and staff and raised awareness among the non-gay campus population,” said Pippa Holloway, a history professor and LGBTQ rights activist.

In 1988, the university’s Lambda organization was founded. The organization continues to be a social outlet for students, as well as being a political outreach organization for individuals, regardless of sexual orientation.

Lambda and other LGBTQ organizations have made strides to improve the livelihood for same-sex couples and LGBTQ individuals, but even after all of these efforts, there remains significant issues that have yet to be fixed.

“It’s not about ‘gay’ rights. Homosexuals are people too. This is about humanitarian issues,” said Josh Rigsby, Lambda president.

Although Lambda has had good experiences with the university’s acceptance of sexual orientation discrimination, larger issues that affect the LGBTQ community at the university are with state laws and policies.

“When any problems have occurred, MTSU has stepped in and taken care of the problem immediately,” Rigsby said.